Age Discrimination

[Guest mif2000]

My employer matches 10% of employee contributions. I've been notified that since I've reached 65 years of age and am still working full time, the employer will not longer match my contributions, while continuing to match others. Is this within the employer's rights, or does ERISA regulations state that this is illegal?

mif2000

[Kevin C]

Is your employer a governmental entity or a church?

Do you have a plan summary or SPD (Summary Plan Description)? If so, what does it say about the allocation of matching contributions?

[Guest mif2000]

Thanks for your follow up. Employer is a NYC voluntary (non-profit) hospital. The summary plan says nothing on the subject, but I've been notified that matching contributions while still employed will not continue once age 65 is reached.

[jpod]

This is impermissible under the Federal ADEA (i.e., age discrimination law). If your plan is subject to the Federal pension law - ERISA - it is also impermissible under ERISA.

[Viridiana Valdes]

Hello! For concerns about age discrimination, I usually refer to https://www.shegerianlaw.com/what-is-age-discrimination-what-can-you-do-about-it/ as a guide